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Patna High CourtCR. MISC./3398/2017allowed

Sanjay Prasad And ANR v. The State Of Bihar

2017-03-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3398 of 2017 Arising Out of PS.Case No. -95 Year- 2013 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Sanjay Prasad

2. Jitendra Prasad, both are sons of Dinanath Prasad, resident of VillageChamanpura Kurmi Tola, P.S.- Baikunthpur, District- Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Baikunthpur P.S. Case No. 95 of 2013 registered under Sections- 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioners submits that there is no eye witness to the alleged occurrence and petitioners have been falsely implicated in this case. Co-accused has been acquitted by the Court below in S.Tr. No. 929 of 2014 vide judgment dated 28.07.2016.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court Cr.Misc. No.3398 of 2017 (3) dt.17-03-2017 2/2 (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 95 of 2013 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T